Hours of service questions and answers

Use caution here. The HOS Rules aren't a law, they're rules that the FMSCA has the power to make and enforce as a result of a law that creates the agency and gives it enforcement authority...so HOS aren't subject to passage by congress, FMCSA is ultimately responsible to congress (who have given it an operating mandate) but the rule-making is done independently.

We're at the phase now where FMCSA has submitted their rule making proposal to the Office of Management and Budget (OMB) for review, and then they and the administration will address issues they have with it. When FMCSA, OMB and the Admin are satisfied, then the proposal will be released for public comment. Only after the public comment period and subsequent review will the final HOS rules be put into force. It will definitely not be soon. Late next year at the earliest.

 

Some states switched in 09'. Mine is one of them (Kansas), I cant remember the others... I'll try and find out.

 

Is started in 2008 witn Colorado, Georgia, Missouri, and New Jersey. In 2009, FMCSA added Delaware, Kansas, Maryland, Minnesota and Montana.

 

Question:

At the end of every day,
does the "original" copy of the log book have to be removed and then only the carbon copy has to remain in the logbook?

( In the paper type log book, with two copies, carbon-less)

Is this a law that you can be fined for if found at and inspected at a weigh station?
Roadside inspection?

Any help here would be appreciated....

 

No, the original does not have to be removed at the end of the day. Originals must be submitted to the company within 13 days, otherwise you can keep them until that point. This is true regardless of whether you use a book, loose leaf, or just a pile of individual sheets.

Best regards

 

I pull the staples out of my logbooks and use an aluminum clipboard with a cover. When I fill out a page, I put the original and the copy in a pocket on the inside of the cover, so I'm not folding pages back, the day I'm working on is always right on top. I never keep more than 7 days in the logbook, after 7 days I hide all the previous days. I figure, I'm only required to have 7 days, why give them any more and increasing their chances of finding a mistake. If they ask, I say I mailed them to the company.

 

I keep 14 available in case I go to Canada. If stopped in US, only 7.

 

As a roadside inspector I can only look at the past 7 days. So I can't cite you for a violation in Oct. 2010 today. I can't put you out of service for something that occured prior to the last 7 days.

 

Good post!

It is expected that OMB release this to be published this week, or early next week, with a comment period until late Jan or early Feb (60 days).

Speculation, it's kinda fun so I will speculate that they want the 34 hr restart changed to between 44 and 48 hrs. I am also kinda leaning towards the thought that they want the 11 hrs driving being reduced back to 10.

Best regards

 

Yeah, I'm guessing 48 hour restart, 10 hour drive / 10 hour break, untouched split sleeper rule, and maybe a 15 or 16 hour window.